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Section 18(1): Claiming ITC on Stock When You Register

Four situations, four different cut-off dates, and a one-year invoice limit that quietly disqualifies most of what a new registrant is holding.

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GST
Published
September 5, 2026
Last updated
Oct 8, 2026
Reading time
6 min
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Last updated: October 2026Verified against: Government sources

A business crosses the threshold in August, registers in September, and is holding ₹40 lakh of stock bought over the previous eighteen months with GST paid on it.

How much of that credit can it take?

Section 18(1) answers it in four situations, and Rule 40 adds a limit that removes most of the answer.

The four situations and their dates

ProvisionWhoCredit onAs on
18(1)(a)Applied within 30 days of becoming liableInputs in stock, semi-finished, finishedDay before liability arose
18(1)(b)Voluntary registrationInputs in stock, semi-finished, finishedDay before grant of registration
18(1)(c)Ceasing to pay composition taxInputs in stock, semi-finished, finished, and capital goodsDay before becoming liable under s.9
18(1)(d)Exempt supply becomes taxableInputs in stock, semi-finished, finished relatable to that supply, and capital goods used exclusively for itDay before the supply becomes taxable

The thirty-day condition in 18(1)(a)

This is a condition of entitlement, not merely a procedural default.

A person liable to register from 1 August who applies on 25 August gets credit as on 31 July. A person who applies on 20 September does not get s.18(1)(a) credit at all — the sub-clause requires the application within thirty days.

The consequence is significant: a delayed registration loses not only the intervening period's compliance position but the entire opening stock credit.

Rule 40(1)(b): the one-year limit

"...the registered person shall not be entitled to take input tax credit in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply."

This is where most of the credit disappears. A trader registering with two years' inventory can claim only on invoices issued in the last twelve months.

The limit runs from the invoice date, not the purchase date, receipt date or the date of registration.

Capital goods: only in (c) and (d)

Sub-clauses (a) and (b) do not permit credit on capital goods. A new registrant, whether by liability or voluntarily, gets credit on stock only.

Sub-clauses (c) and (d) do — and Rule 40(1)(a) prescribes the reduction: credit on capital goods is claimed reduced by five percentage points per quarter or part thereof from the date of the invoice.

So a machine invoiced ten quarters before the trigger date carries 50% of its original credit.

The procedure: FORM GST ITC-01

Rule 40(1)(b): the registered person shall, within thirty days from the date of becoming eligible to avail credit under s.18(1), make a declaration electronically in FORM GST ITC-01, to the effect that he is eligible to avail the credit.

Rule 40(1)(d): the details in ITC-01 must be certified by a chartered accountant or a cost accountant where the aggregate value of the claim on account of central tax, State tax, Union territory tax and integrated tax exceeds two lakh rupees.

Two practical points:

Thirty days from becoming eligible, not thirty days from registration. For 18(1)(a) the eligibility date is the day the liability arose.

The certificate threshold is on the aggregate claim, across all tax heads.

What must be documented

  • a stock statement as at the relevant date, with quantity, description and value, tied to the physical count;
  • for semi-finished and finished goods, a working showing the inputs contained in them — a bill of materials or standard consumption basis;
  • purchase invoices for each item, with dates within the one-year window;
  • for capital goods under (c) or (d), the invoice date and quarter count for the 5% reduction;
  • the CA or CMA certificate where the claim exceeds ₹2 lakh.

The inputs-contained working for semi-finished and finished goods is the item most often missing. It is a real computation, not a percentage estimate, and it is where an officer will focus.

What is not available

  • Input services in any of the four situations — s.18(1) covers inputs and, in (c) and (d), capital goods.
  • Invoices older than one year.
  • Capital goods for a new registrant under (a) or (b).
  • Credit where the goods are used for exempt supplies — the ordinary s.17 apportionment applies from day one.
  • Blocked credit under s.17(5). Section 18(1) opens "subject to such conditions and restrictions as may be prescribed", and s.17(5) begins with a non-obstante clause covering s.18(1).

Key takeaways

  • Four situations in s.18(1), each with its own entitlement date.
  • 18(1)(a) requires application within thirty days of becoming liable — a condition, not a formality.
  • Capital goods only under (c) and (d), reduced by 5 percentage points per quarter.
  • Rule 40(1)(b): no credit on invoices older than one year.
  • Declaration in FORM GST ITC-01 within thirty days of becoming eligible.
  • CA or CMA certificate where the aggregate claim exceeds ₹2 lakh.

Read next

Disclaimer: Positions stated as on 5 September 2026, based on the CGST Act and Rules as amended to 31 March 2026 (ICAI Bare Law, 12th edition).

Quick recapKey facts & short answers

Key Facts About Section 18

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can I claim ITC on stock held when I register?

Yes, under section 18(1), on inputs held in stock and inputs contained in semi-finished and finished goods as on the relevant date.

How old can the invoices be?

Not more than one year from the date of issue of the tax invoice, under Rule 40(1)(b).

Keep the acknowledgement. A filing you cannot prove is a filing you may have to defend.

— TaxClue Compliance Desk

Section 18: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Yes, under section 18(1), on inputs held in stock and inputs contained in semi-finished and finished goods as on the relevant date.

Not more than one year from the date of issue of the tax invoice, under Rule 40(1)(b).

No, under sub-clauses (a) and (b). Capital goods credit is available only when ceasing to pay composition tax, or when an exempt supply becomes taxable.

FORM GST ITC-01, filed electronically within thirty days of becoming eligible.

Yes, from a chartered accountant or cost accountant, where the aggregate claim across all tax heads exceeds two lakh rupees.

Section 18(1)(a) requires the application within thirty days, so the opening stock credit is not available.